The Delhi High Court in the case Jane Kaushik vs Lieutenant Governor, Nct Of Delhi and others observed and has seek response of the Central Government on a plea seeking notification of separate vacancies for transgender persons in public appointments which includes the teaching positions.
The bench headed by Justice Prathiba M Singh in the case impleaded Central Government’s Ministry of Home Affairs as a party to the plea moved by a transgender person and six weeks’ time has been granted for filing a reply.
Before the Court, it has been argued that there mere mention of ‘transgender’ as a separate gender in the application form would not be sufficient compliance of Transgender Persons (Protection of Rights) Act, 2019 as the persons would still being forced to apply in a vacancy, the vacancy is either being for male or for female candidates or for vacancies where no gender is being mentioned.
However, the petitioner had applied for recruitment in Delhi Subordinate Service Selection Board (DSSSB) and since 2019 the petitioner had been searching for employment in government schools since 2019.
The plea also seek framing of a policy for recruitm e nt o f t r a n s ge n d e r persons in all public appointments, apart from seeking implementation of provisions of Transgender Persons (Protection of Rights) Act, 2019 and its Rules.
The counsel appearing for the petitioner placed reliance in the decision taken by the Supreme Court in the case NALSA v. Union of India wherein recognising the rights of a transgender person.
Therefore, the petitioner’s grievance was that the vacancies advertised by DSSSB on 02.01.2020, mentioning the requirement of male or female genders. In relation of some posts, no identification of gender was mentioned.
It has been stated by DSSB in a response that now all three categories of genders, i.e. male, female and transgender, can apply for the posts on its online portal. It has also been argued by the counsel appearing for the petitioner that it would not be sufficient compliance of the law. Further, it has been submitted by the counsel before the court that the Delhi Government’s Department of Social Welfare has suggested to give age relaxation of 5 years and qualifying marks of 5 percent to transgender persons. Therefore, the letter dated 08.02.2021 was being addressed to Additional Chief Secretary was placed on record.
It has also been pointed out by the counsel appearing for the Delhi Government that the Department of Social Welfare has written to Under Secretary (UT) and Joint Secretary (UT) of Ministry of Home Affairs dated 02.03.2022 and 02.12.2021, with regard to implementation of the 2019 enactment.
The court has also directed the LG as well as Delhi Government’s Directorate of Education to place their stand on record in respect of the communications from Department of Social Welfare.
Therefore, the counsel appearing for the Delhi Government submitted that the Online Application Registration System facility allows a transgender to apply on DSSSB’s portal, the court stated that the the petitioner is free to apply under the category of transgender for the vacancies which the Petitioner deems appropriate wherein ignoring the gender mentioned qua the said vacancy.
Accordingly, the court listed the matter to be next heard on March 28. The court also stated that the petitioner may file applications for the vacancies in terms of this order, which shall be considered and processed by the court.